CAT/C/SRB/CO/1
page 4
consider the adoption of a Law for the Ombudsman for the Rights of the
Child.
Independence of the judiciary
8. The Committee remains concerned about new constitutional provisions providing for the
election of judges of all levels by the National Assembly. The Committee is also
concerned with respect to the definition of rules of procedures of courts and at the
absence of legislation in respect of disciplinary measures against judges (arts. 2 and 12).
The State party should guarantee the full independence and impartiality of the
judiciary, by ensuring, inter alia, that judicial appointments be made according
to objective criteria such as qualifications, integrity, ability and efficiency. The
State party should also define the rules of procedures of courts and establish an
independent disciplinary body in this regard.
Refugees
9. The Committee notes the new Law on Asylum (2008), which establishes the principle of
prohibition of non-refoulement, but remains concerned at the rules that interpret the
application of the law with respect to the treatment of asylum-seekers (art. 3).
The State party should urgently adopt the necessary measures, especially of a
legal nature, to put in practice the new Law on Asylum to protect the rights of
asylum-seekers and persons seeking refugee status. The State party should also
put in place measures to protect asylum-seekers and other foreigners in need of
humanitarian protection.
Complaints, investigations and convictions
10. While acknowledging the reform process of the judiciary, including the new law on
judges and the new Penal Code that is due to come into effect in 2009, the Committee
expresses concern over the slowness of investigations and that officials are not suspended
during the investigations into allegations of torture or ill-treatment (arts. 4, 12, 13 and
16).
The State party should:
(a)
Ensure that investigations into allegations of torture
and other prohibited cruel, inhuman or degrading treatment or
punishment are undertaken thoroughly, effectively and impartially,
including complaints made under the previous public administration,
as previously recommended by the Committee in its article 20 report;
(b)
Suspend persons who have allegedly committed acts of
torture during the investigation of such allegations, as previously
recommended by the Committee in its article 20 report; and